5126.0510
Payment of nonfederal share of home services expenditures.

(A)
Except as otherwise provided in an agreement entered into under section
5123.048 of the Revised Code and
subject to divisions (B), (C), (D), and (E) of this section, a county board of
developmental disabilities shall pay the nonfederal share of medicaid
expenditures for the following home and community-based services provided to an
individual with a developmental disability who
the county board determines under section
5126.041 of the Revised Code is
eligible for county board services:

(1)
Home and community-based services provided by the county board to such an
individual;

(2)
Home and
community-based services provided by a provider other than the county board to
such an individual who is enrolled as of June 30, 2007, in the medicaid waiver
component under which the services are provided;

(3)
Home and community-based services provided by a provider other than the county
board to such an individual who, pursuant to a request the county board makes,
enrolls in the medicaid waiver component under which the services are provided
after June 30, 2007;

(4)
Home and
community-based services provided by a provider other than the county board to
such an individual for whom there is in effect an agreement entered into under
division (F) of this section between the county board and director of
developmental disabilities.

(B)
In
the case of medicaid expenditures for home and community-based services for
which division (A)(2) of this section requires a county board to pay the
nonfederal share, the following shall apply to such services provided during
fiscal year 2008 under the individual options medicaid waiver component:

(1)
The
county board shall pay no less than the total amount the county board paid as
the nonfederal share for home and community-based services provided in fiscal
year 2007 under the individual options medicaid waiver component;

(a)
The
total amount the county board paid as the nonfederal share for home and
community-based services provided in fiscal year 2007 under the individual
options medicaid waiver component;

(b)
An
amount equal to one per cent of the total amount the department of
developmental disabilities and county board paid as the nonfederal share for
home and community-based services provided in fiscal year 2007 under the
individual options medicaid waiver component to individuals the county board
determined under section
5126.041 of the Revised Code are
eligible for county board services.

(C)
A
county board is not required to pay the nonfederal share of home and
community-based services provided after June 30, 2008, that the county board is
otherwise required by division (A)(2) of this section to pay if the department
of developmental disabilities fails to comply with division (A) of section
5123.0416 of the Revised
Code.

(D)
A county
board is not required to pay the nonfederal share of home and community-based
services that the county board is otherwise required by division (A)(3) of this
section to pay if both of the following apply:

(1)
The
services are provided to an individual who enrolls in the medicaid waiver
component under which the services are provided as the result of an order
issued following an appeal made under section
5160.31 of the Revised Code or
an appeal of the order to a court of common pleas;

(2)
There are more individuals who are eligible for services from the county board
enrolled in home and community-based services than is required by section
5126.0512 of the Revised
Code.

(E)
A county
board is not required to pay the nonfederal share of home and community-based
services that the county board is otherwise required by division (A) of this
section to pay if the services are provided to an individual who enrolls,
pursuant to division (D) of section 5124.69 of the Revised Code, in the
medicaid waiver component under which the services are provided.

(F)
A
county board may enter into an agreement with the director of developmental
disabilities under which the county board agrees to pay the nonfederal share of
medicaid expenditures for one or more home and community-based services that
the county board is not otherwise required by division (A)(1), (2), or (3) of
this section to pay and that are provided to an individual the county board
determines under section
5126.041 of the Revised Code is
eligible for county board services. The agreement shall specify which home and
community-based services the agreement covers. The county board shall pay the
nonfederal share of medicaid expenditures for the home and community-based
services that the agreement covers as long as the agreement is in
effect.